Torrence v. Irwin
This text of 2 Yeates 210 (Torrence v. Irwin) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This species of action is founded on possession, 4 Term Rep. 490 ; and the plaintiff at the time of the commission of the trespass, must either have an actual or constructive possession. 1 Term Rep. 480. Though it has been held, that where the owner of lands contracts with others for the sowing it &c. on the halves, he only can have clausum fregit, Cro. El. 144, 1 Leon. 315, Goulds. 77, 3 Leon. 213, 2 Tri. per Pais. 545, yet wre know of no case wherein the landlord having leased to another paying rent, and parted with the possession entirely, can support trespass. Vide 3 Lev. 209. 1 Ld. Ray. 739.
Verdict for the defendant.
[A new trial was moved for in December term following, but the court refused it una vocel\
Free access — add to your briefcase to read the full text and ask questions with AI
Related
Cite This Page — Counsel Stack
2 Yeates 210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/torrence-v-irwin-pa-1797.